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Claim in the property of maternal grandmother
13-Jul-2023 (In Property Law)
I lost my Mother almost immediately after my birth-11 months to be precise, 34 years ago.My father remarried and I was with my step Mother and two step sisters for 26 years. All this while there was barely any contact with my biological maternal family but I would meet them once in a while. Since I got married 6 years back i moved farther away and could rarely meet my biological -maternal Grandmother. Recently I have come to know that my uncles (my Mother being eldest-they were 4 in all, 2 brothers and two sisters) are trying to partition the property and almost forcing my grandmother to write a will. They asked my mausi who is well settled in usa to send an noc regarding the property partition amongst both the brothers.Can I be a natural heir to this property and how I can claim it.?
In such cases if the Grandmother is alive, then her children has no right title and interest on her property during her lifetime,
2. If she is deceased, then her children can claim right title and interest on their mother's share of her father's properties on the ground that there was no relinquishment deed registered by their mother duly relinquishing her share on her father's properties in favor of her brothers and also that she has been coerced to sign some papers without informing her about contents of the said letter,
3. Her children can file a partition suit praying for injunction on operation of all the Bank accounts of their grandfather's business and also an order to maintain status quo as regard all immoveable properties of their grandfather.
2. If she is deceased, then her children can claim right title and interest on their mother's share of her father's properties on the ground that there was no relinquishment deed registered by their mother duly relinquishing her share on her father's properties in favor of her brothers and also that she has been coerced to sign some papers without informing her about contents of the said letter,
3. Her children can file a partition suit praying for injunction on operation of all the Bank accounts of their grandfather's business and also an order to maintain status quo as regard all immoveable properties of their grandfather.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Yes you are legal heir of your mother and claimant on her behalf. You can file suit for partition and claim your right but if your maternal grandmother refuses to give you share then you won't get anything.
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Adv. Ashish Chopra
Delhi | 25+ Answers
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If you have reasonable apprehension that your grandmother can be forced then you can file a injunction suit@ District Court having jurisdiction of the property and for this purpose you can kindly meet your local advocate.
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Adv. Siddharth Dev
Delhi | 200+ Answers
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